PRATAP SINGH Vs. SHARMILA

JUDGEMENT

(1.) THIS appeal has been filed by the owner and driver of the vehicle involved in the accident against the award passed by the Motor Accident Claims Tribunal, Bhiwani, by which an award of Rs. 1,00,000/ was made against them.

(2.) IN this case notice of motion was issued to respondent No. 5 only.

(3.) THE challenge to the award during the arguments was only regarding the liability of the Insurance Company. It is the argument of learned counsel for the appellants that the award of the Tribunal is erroneous to the extent that it has absolved the Insurance Company, respondent No. 5 from the liability to pay compensation. The reason for the tribunal holding that the Insurance Company was not liable is that the driving licence of the driver was not issued for driving a 'transport vehicle'. The learned tribunal has relied on the case of Manohar Jamatmal Sindhi and Anr. v. Ranquba and Ors. , 1994 A. C. J. 1280. It is held by the High Court of Gujarat in that case that the driver was holding licence to drive a light motor vehicle whereas he was driving a transport vehicle and in the absence of a specific endorsement on the date of accident authorising him to drive as a paid employee a transport vehicle, he was not duly licenced to drive the said vehicle. The tribunal has also relied on the case of United India Insurance Company Ltd. v. K. Subramaniam and Ors. , 1991 A. C. J. 625, wherein it has been held that the driver's licence was endorsed after the date of accident authorising him to drive a transport vehicle as a paid employee and, therefore, the driver cannot be said to be holding a valid driving licence to drive the tempo on the date of accident and the Insurance Company was not liable to pay the compensation.